"No Offence, But...": How to have difficult conversations for meaningful change

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We started a good conversation through the campaign,” Martin said. “Now when I go on Google, I point out upskirting; it’s all about what is upskirting? Why is it happening? It’s all about misogyny and sexism. No longer is it about porn, which I’m proud of.”

The criminal offence of ‘upskirting’ was created under the Voyeurism Act when it received Royal Assent in February. Police and prosecutors have now updated their guidance to ensure the law is properly enforced – with offenders facing up to 2 years in jail and being placed on the sex offenders register. In June 2021, the Department of Education announced that school and college leaders will be provided with training and support to deal with sexual harassment. Our specially selected guests include CEO’s, founders, charity leaders, business leaders, activists, campaigners and more. From Beirut to Canada, we have sought out engaging speakers and fascinating stories with a universal relevance for those of us with a thirst for doing things differently. More + Project In 2017, I believed the best way to prevent upskirting was by criminalising it; it was the biggest I could think and would lead to the most impactful change. The institutional script teaches us that prosecuting people for the harm they cause will solve the problem. I was also driven by the experience of being a victim of stalking who had spent years feeling terrified by a man that the state didn’t deal with, so to me, changing the law was about making victims and survivors feel safer by giving them something to use. I didn’t ask if the men who commit this act – because it is overwhelmingly men – would be changed by the process. I didn’t think of them much at all.

Gina Martin, the gender equality campaigner, speaker and writer, joins us on the publication day of her new book, No Offence, But … Beyond Equality is an organisation that educates men to preventing gender-based violence, conducting workshops in schools and universities. The Voyeurism Act outlaws ‘upskirting’ where the purpose is to obtain sexual gratification, or to cause humiliation, distress or alarm. This includes instances where culprits say images were just taken ‘for a laugh’ or when paparazzi are caught taking intrusive images.

However, following concerns raised by victims that not all instances of ‘upskirting’ were covered by current law, the government acted to create a new, specific offence. A summary conviction would carry a sentence of up to one year in prison and/or a fine. And a more serious offence, tried in the Crown Court, would carry a sentence of up to two years in prison. We hope that this new law will be another step forward in challenging the prevailing sexist attitudes and behaviours in our society that underpin violence against women and girls. Domestic abuse does not happen in a cultural vacuum. By making upskirting a criminal offence, we will send out the powerful message that this form of abuse is unacceptable and perpetrators of this crime will be held to account. But this is just the beginning. Please raise your voice and report if you are a victim or if you see someone become one - every report builds a picture so we can stop upskirting. Upskirting is a harmful and humiliating form of abuse and often has a devastating impact on all aspects of the victim’s life. We have long been calling, along with the campaigner Gina Martin and a cross-party of MPs, for upskirting to be recognised as a sexual offence. The Ministry of Justice has listened to campaigners’ calls for action on this issue and taken decisive action. Following the bill gaining Royal Assent this week, upskirting is now a criminal offence.The Voyeurism Act creates 2 new offences to make the act of upskirting a specific criminal offence. Today, the Voyeurism Act comes into effect and I’m so happy. Finally we have a fit-for-purpose law that protects against every instance of upskirting - as we should have always had. The move follows tireless efforts by campaigners, victims, charities, ministers and MPs to close a small gap in the law. The issue was first brought to the public’s attention by the unwavering campaign of Gina Martin, after two men took a picture up her skirt at a festival. Understanding how perceptions of safety can be improved, and incidents of harassment and threatening behaviour reduced in public spaces across Cambridgeshire. More + The Voyeurism Bill outlaws ‘upskirting’ where the purpose is to obtain sexual gratification, or to cause humiliation, distress or alarm. This includes instances where culprits say images were just taken ‘for a laugh’ or when paparazzi are caught taking intrusive images.

That’s why I host sessions on misogyny and the impact of it; why I’m training in facilitation so I can run workshops with young people on masculinities and gender; and why I speak in schools across the UK as well as raise funds for grassroots organisations. There may not be a big, sparkly win, but there will be consistent impact in the form of smaller wins. There may not be headlines about the boys who attended masculinity workshops and grew up respecting people of all genders more, or about the girls who felt seen and used their voices because of activists who created spaces for them, but I’d much rather move forward as that woman than “the upskirting girl”. Even though it’s much less catchy. Despite her campaign’s success in igniting debates about misogyny and sexism, the fight for women’s rights is far from over. It creates two new offences under the Sexual Offences Act 2003 to capture this behaviour. The changes will cover England and Wales; ‘upskirting’ is already a specific offence in Scotland. Opinion For too long bystanders of sexual harassment have not been held accountable. That’s got to change. In 2021, the high-profile murder cases of Sarah Everard and Sabina Nessa prompted a national call to protect women.

Why was there no law on upskirting in England and Wales before?

However, existing criminal law does not necessarily cover every instance of ‘upskirting.’ Creating a specific ‘upskirting’ offence strengthens the law in this area, as it doesn’t have the same limitations as existing offences. The Voyeurism Act allows this intrusive behaviour to be treated as a sexual offence and, ensure that the most serious offenders are made subject to notification requirements (commonly referred to as the ‘sex offenders register’).